Planning Act 2008

Appointed representatives

4 (1) Sub-paragraph (2) applies if the Secretary of State gives a direction under paragraph 2(6) for representations of a specified description to be made only to persons of a specified description (instead of being made in public).

(2) The Attorney General or (where the representations are to be made in Scotland) the Advocate General for Scotland may appoint a person (an “appointed representative”) to represent the interests of an interested party who (by virtue of the direction) is prevented from being present when the representations are made.

(3) “Interested party” means a person who is an interested party in relation to the application for the purposes of Chapter 4 of Part 6 (see section 102).

(4) Rules under paragraph 3 may make provision as to the functions of an appointed representative.

(5) The Secretary of State may direct a person (a “responsible person”) to pay the fees and expenses of an appointed representative, if the Secretary of State thinks that the responsible person is interested in the hearing in relation to any representations that are the subject of the direction under paragraph 2(6).

(6) If the Secretary of State gives a direction under sub-paragraph (5) and the appointed representative and the responsible person are unable to agree the amount of the fees and expenses, the amount must be determined by the Secretary of State.

(7) The Secretary of State must cause the amount agreed between the appointed representative and the responsible person, or determined by the Secretary of State, to be certified.

(8) An amount so certified is recoverable from the responsible person as a civil debt.